132 Agricultural Experiment Station, Ithaca, N. Y. 



Sbc. 669. Definitions. 1. The word " animal," as used in this 

 title, does not include the human race, but includes every other living 

 creature. 



2. The words " torture " or " cruelty " includes every act, omission, 

 or neglect, whereby unjustifiable physical pain, suffering or death is 

 caused or permitted. 



Recent Casks Under the Law. 



On April 13, 1893, upon complaint of an agent of the American 

 Society for the Prevention of Cruelty to Animals, Mr, O. H. Smith, of 

 Ellicottville, N. Y., president of the Farmers' Association of Cattarau- 

 gus county, was arrested charged with cruelty to animals in having 

 dehorned his herd of cows in the autumn of 1891. Mr. Smith was 

 taken before a Justice of the Peace, Mr. John Ward, of Ellicottville, 

 and gave bonds to appear for trial on April 26th, but before the 

 trial was joined, upon the affidavit of Mr. Smith's counsel, Hon Wm. 

 G. Laidlaw, County Judge Vreeland granted an order removing the 

 case from the Justice's Court and carrying it to the Grand Jury of the 

 county. On May 16th, the matter came up before tl e Grand Jury. A 

 number of witnesses, on behalf of both Mr. Smith and the Society for 

 the Prevention of Cruelty to Animals were examined, but the Grand 

 Jury failed to find sufficient evidence of cruelty and refused to indict 

 Mr. Smith. 



A second case is that of Mr, J. N. Middaugh of Friendship, 

 Allegany Co.; his case was entirely similar to that of Mr. Smith's, 

 except that he had dehorned a much larger number of cattle. The 

 history of the case is about as follows: 



J. N. Middaugh is a veterinary surgeon, residing at Friendship, 

 Allegany Co., N. Y. During the past winter he dehorned 

 over two thousand head of cattle with entire success in different 

 parts of the county. About April 29th he was arrested on a war- 

 rant sworn out by an agent for the American Society for the Pre- 

 vention of Cruelty to Animals, and taken before Justice Torrey of 

 Wellsville. On motion of Middaugh's attorneys. Church & 

 Church, the case was removed from trial before the Justice, and 

 Judge Norton made an order to refer the matter to the Grand Jury 

 and the bail of the accused was fixed at $200. On May 23, the 

 complainant appeared before the Grand Jury with two veterinary 

 surgeons from Philadelphia. Each testified as to the anatomy of 

 the horn and of the })robable degree of pain caused the animal by the 

 operation of dehorning. Each also testified that he had never seen the 

 operation performed or had observed its effect upon animals, or observed 



